Ra 9372 Human Security Act of 2007 1

RA 9372 HUMAN SECURITY ACT of 2007An Act to Secure the State and Protect our People From Terrorism

a crime against the Filipino people, humanity and the law of nations

TERRORISMAny person who commits an act punishable under any of the following provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or

in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d'Etat), including acts committed by

private persons;

d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

TERRORISMf. Article 324 (Crimes Involving Destruction), or under

(1) Presidential Decree No. 1613 (The Law on Arson);(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear

Waste Control Act of 1990);(3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of

1968);(4) Republic Act No. 6235 (Anti-Hijacking Law);(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of

1974); and,(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on

Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace

in order to coerce the government to give in to an unlawful demand

TERRORISM

PENALTY

forty (40) years of imprisonment, without the benefit of parole

TERRORISM: other punishable acts PENALTIES

CONSPIRACY TO COMMIT TERRORISMwhen two or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit the same

forty(40)yearsofimprisonment

ACCOMPLICE Any person who, > not being a principal (Art 17 RPC) or a conspirator, > cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism > by previous or simultaneous acts

17 years,4 months & 1 day to20 years ofimprisonment

TERRORISM: other punishable acts PENALTIES

ACCESSORY Any person who, >having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism,> without having participated therein, either as principal or accomplice under Art 17&18 RPC> takes part subsequent to its commission: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime

10 years & 1 day

to

12 years

of imprisonment

not to be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a).

Surveillance of Suspects & Interception and Recording of Communications(section 7, 8)

Allows surveillance, interception and recording of communications Use of any mode, form, kind or type of electronic or other surveillance equipment There must be a written order of the Court of Appeals to track down, tap, listen to,

intercept and record communications, messages, conversations, discussions, or spoken or written words of any person suspected of the crime of Terrorism or the crime of Conspiracy to commit Terrorism.

Upon an ex parte written application of a police or law enforcement official authorized by the Anti-Terrorism Council.

The written authorization to conduct Surveillance shall not exceed 30 days, extendible for another 30 days.

Prohibits surveillance of privileged communications among the following:

Lawyers and clients Doctors and PatientsJournalists and sources Confidential business correspondence

Proscription of Terrorist Organizations, Associations, or Group of Persons(section 17)

Organizations organized for the purpose of engaging in terrorism, or which, although not organized for that purpose, actually uses acts enumerated in the Act to terrorize are declared as terrorists and are outlawed.

The Department of Justice may apply for such proscription. The organization will be given due notice and opportunity to be heard.

Detention of suspected terrorists without Warrant of Arrest(section 18)

The Act allows warrantless arrests. The suspect however, must be delivered to the proper judicial authority within the three-day period.

The arrest under this Section must be the result of the surveillance under Section 7 and examination of bank deposits under Section 27 of the Act.

Examination of Bank Deposits, Accounts and Records(section 27)

The HSA permits: Examination of bank accounts of terrorist suspects Seizure or freezing of the proceeds thereof Seizure or sequestration of other properties Properties of a convicted terrorist be forfeited in favor of the government

Special Court may authorize in writing any police/law enforcer and members of the team to:

examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and

gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution, the bank or financial institution concerned shall not refuse to allow such examination or to provide the desired information, when so ordered by and served with written order of the Court of Appeals.

Classification and contents of the order of the court (sec 9, 13, 29, 33)

The written order granted by the authorizing division of the Court of Appeals as well its order, if any, to extend or renew the same, the original application of the

applicant, including his application to extend or renew, if any, and the written authorizations of the Anti-Terrorism Council Court Order Authorizing the

Examination of Bank Deposits, Accounts, and Records shall be deemed and are hereby declared as classified information:

That the person being surveilled has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued the written order.

Custody of intercepted and recorded communications, Bank Data and Information Obtained (sec 11, 31)

deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforcement official and the members of his team.

other punishable acts PENALTIES

Sec10 failure of police or law enforcement official to immediately notify the person subject of the surveillance, interception and recording of the termination of the said surveillance, interception and recording when no case is filed within the thirty (30) day period from the date of receipt of the written order of the authorizing division of the Court of Appeals

10 years& 1 day

to12 years

of imprisonm

ent

Sec11 for any person, police officer or any custodian of the tapes, discs and recording, and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext whatsoever

6 years& 1 day

to12 years

ofimprison

ment


any person, police or law enforcement official to omit or exclude

from the joint affidavit required under Section 12 of the Act of any

item or portion thereof mentioned in the said Section 10 years&

1 day

to

12 years of

imprison-ment

Sec16 any police or law enforcement personnel who, not being

authorized by CA, tracks down, taps, listens to, intercepts, and

records in whatever manner or form any communication,

message, conversation, discussion, or spoken or written word of

a person charged with or suspected of the crime of terrorism or

the crime of conspiracy to commit terrorism


Sec 16 any police or law enforcement personnel who maliciously obtained an authority from the Court of Appeals to track down, tap, listen to, intercept, and record in whatever manner or form (In addition to the liability attaching to the offender for the commission of any other offense)

10 years & 1 day to 12 years of

imprison-ment

absolute perpetual

disqualification from public

office

Any person, law enforcement official or judicial authority who violates his duty to notify the party concerned to open the deposited sealed envelope or sealed package clearly stating the purpose or reason as mentioned in Section 14 of the Act

6 years & 1 day to 8 years of imprisonment


Sec13 Disposition of Deposited Materials:Any person, law enforcement official or judicial authority who violates his duty to notify in writing the persons subject of the surveillance that contents of the sealed envelope or sealed package will be opened, revealed, divulgeed, and used the as evidence

6 years & 1 day

to 8 years of

imprisonment

Period of Detention Without Judicial Warrant of Arrest:The penalty of shall be imposed upon the police or law enforcement personnel who fails to notify any judge as provided in Section 18 of the Act.

10 years& 1 day

to 12 years

of imprisonment

Sec 20 any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of 3 days


Sec 25 Interrogation of a Detained Person Any person or persons who use threat, intimidation, or

coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure, which shall vitiate the freewill of a charged or suspected

person under investigation and interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism

12 years& 1 day

to 20 years

of imprisonment

When death or serious permanent disability of said detained person occurs

as a consequence of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on him of such physical pain or torment, or as a consequence of the infliction on him of such mental, moral, or psychological pressure

Sec24 Admissiblity of evidence

The evidence obtained from said detained person resulting from such threat, intimidation, or coercion, or from such inflicted

physical pain or torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not admissible and usable as evidence in any judicial, quasi-judicial, legislative, or administrative, investigation, inquiry,

proceeding, or hearing.

Sec21 Rights of a person under custodial investigation

The moment he is apprehended or arrested and detained, he shall forthwith be informedof his or her right: (a) to be informed of the nature and cause of his arrest, to remain silent and to have competent and independent counsel preferably of his choice. with the free legal assistance from IBP or PAO if the person cannot afford the services of counsel of his or her choice

Rights of a person under custodial investigation

(b) informed of the cause or causes of his detention in the presence of hislegal counsel;

(c) allowed to communicate freely with his legal counsel and toconfer with them at any time without restriction;

(d) allowed to communicate freely and privately without restrictions with the members of his family or with his nearest relatives and to be visited by them;

(e) allowed freely to avail of the service of a physician or physicians of choice.


Sec22 Penalty for Violation of the Rights of a Detainee:Any person or law enforcement personnel, or any personnel of the police or other law enforcement custodial unit that violates any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism

10 years& 1 day

to 12 years

of imprison-

ment

Unless the police or law enforcement personnel who violated the rights of a detainee or detainees as stated above is duly identified, the same penalty shall be imposed on the police officer or head or leader of the law enforcement unit having custody of the detainee at the time the violation was done.

Requirement for an Official Custodial Logbook and Its Contents ( Section 23 ):The police or other law enforcement custodial unit who fails to comply with the requirement of Section 23 of the Act to keep an official logbook shall suffer the penalty


Sec.30 Applicant police or law enforcement official who fails to notify in writing the person (If no case is filed within the thirty (30)-day period, the applicant police or law enforcement official shall immediately notify in writing the person subject of the bank examination and freezing of bank deposits, placements, trust accounts, assets and records.)

10 years& 1 day to 12 years of

imprison-ment

Any person, law enforcement official or judicial authority who violates his duty to notify in writing as defined in section 30

6 years & 1 day to 8 years

Sec32 Omission or Exclusion of Any Item from the Joint Affidavit:for any person, police officer or custodian of the bank data and information obtained after examination of deposits, placements, trust accounts, assets and records to copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part under any pretext

6 years & 1 day to 12 yearsofimprison-ment


Disposition of Bank Materials :

Any person, law enforcement official or judicial authority who

violates his duty to notify in writing the party concerned not later

than three (3) days before the opening and use of the sealed

evidence as defined in Section 33 of the Act

10 years& 1 day

to 8 years of

imprison-ment

Penalty for Unauthorized or Malicious Examination of a Bank or a

Financial Institution ( Section 36 ):

a) without being authorized by the Court of Appeals;

10 years & 1 day to 12 yearsof

imprison-mentb) maliciously obtain an authority from the Court of Appeals.


Sec37 An employee, official, member of the board of directors of a bank or financial institution, who refuses to allow the examination of the deposits, placements, trust accounts, assets, records of:(1) a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism,(2) a judicially declared and outlawed terrorist organization, association, or group of persons, or(3) a member of such judicially declared and outlawed organization, association, or group of persons in said bank or financial institution, when duly served with the written order of the authorizing division of the CA

10 years& 1 day

to 12 years

of

imprison-mentSection 38 Any false or untruthful statement or misrepresentation

of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act


Section 39 Any person who unjustifiably refuses to follow the order of the proper division of the CA to allow the person accused of the crime of terrorism or the crime of conspiracy to commit terrorism to withdraw such sums from sequestered or frozen deposits, placements, trust accounts, assets and records as may be necessary for the regular sustenance of his or her family or to use any of his or her property that has been seized, sequestered or frozen for legitimate purposes while his or her case is pending

10 years& 1 day

to 12 years

of imprison-

ment

Section 42 Any person who unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism after such person has been found innocent by the investigating body or case against such person has been dismissed or after he is acquitted by a competent court


Section 43 Any person who is responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized, sequestered and frozen bank deposits, placements, trust accounts, assets and records of a person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism

10 years& 1 day

to 12 years

of imprison-

ment

Section 46 Any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under the Act.

Section 47 any person who knowingly furnishes false testimony, forged document or spurious evidence in any investigation or hearing under this Act.

12 years& 1 day to 20 yearsof imprison-

ment


Sec44 Infidelity in the Custody of Detained Persons

Any public officer with direct custody of a detained person

who by his deliberate act, misconduct, or inexcusable

negligence

causes or allows the escape of such detained person

if the detained person has already been convicted and

sentenced in a final judgment of a competent court

12 years& 1 day

to 20 years

of imprison-

ment

if the detained person has not been convicted and sentenced

in a final judgment of a competent court.

6 years& 1 day to 12 yearsof imprison-

ment

Section 50

any person who is accused and charged of terrorism, and later acquitted shall be entitled to the payment of damages in the amount of P500,000.00 for every day that he or she has been detained or

deprived of liberty or arrested without a warrant as a result of such an accusation.

Sec26 BAIL: in cases where evidence of guilt is not strong

The court, shall limit the right of travel of the accused to within the municipality or city where he resides upon application by the prosecutor or where the case is pending, in the interest of national security and public safety, consistent with Art III, Sec 6 of the Constitution.

Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.

Sec49 Prosecution under this act shall be a BAR to another prosecution under the RPC or any SPL

When a person has been prosecuted under a provision of this Act, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused

had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to

another prosecution for any offense or felony which is necessarily included in the offense charged

under this Act.

Sec52 Applicability of the Revised Penal Code

The provisions of Book I of the RPC shall be applicable to this Act.

Sec57 Ban on Extraordinary Rendition

No person suspected or convicted of the crime of terrorism shall be subjected to extraordinary rendition to any country

unless his or her testimony is needed for terrorist related police investigations or judicial trials in the said country and

unless his or her human rights are officially assured by the requesting country and transmitted accordingly and approved by the DOJ

Sec58 Extra-Territoriality Application

Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines;

Sec58 Extra-Territoriality Application

(2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5)to individual persons who, although physically outside the territorial limits of thePhilippines, commit said crimes against Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in th commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government.

Documents

Ra 9372 Human Security Act of 2007 1